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Self Represented Individuals
What Happens When You are Charged with a Criminal Offence.
Information Before Attending Court Being Charged If you are charged with an offence under the Criminal Code of Canada, the police will give you a document stating the date, time and place of your court appearance. It is important that you keep track of all your court appearances to ensure that you attend court every time that you are required to. This document may also require that you go to a specific police station at a specific time and date so that photographs and fingerprints can be taken. Failure to comply with this could result in another charge under the Criminal Code. Type of Offence More serious offences proceed by way of "Indictment". This gives the person charged the right to elect (or choose) the mode of trial. There are three options:
Before a trial is held in Queen's Bench Court, a preliminary inquiry may be held in Provincial Court. Less serious offences proceed by way of "Summary Conviction". In summary matters, the maximum penalty is lower and the procedure is simplified. Many offences are "dual procedure" meaning they proceed by indictment until the crown makes an election to proceed summarily. You must personally appear in court if the charge is indictable or dual procedure (unless the Crown elects to proceed summarily). Someone else may appear for you if the charge is a summary matter. This person may be your lawyer or anyone else you choose.
Court Participants When you come to court, you will see a variety of different people there, each with a unique job to do. The Accused – This is the person charged with a criminal offence(s). Often a lawyer will represent this person. The Police – The police investigate crimes, arrest people they suspect of committing a crime and charge people with criminal offences. They can be either members of the RCMP or members of a city police force. At court, they often appear as witnesses and sometimes prosecute minor provincial offences, like traffic offences. The Crown Prosecutor (The Crown) – Crown Prosecutors are government lawyers who represent the public in criminal cases. They prepare the case and present information about it in court. The Crown decides if there is enough evidence to continue a charge and makes decisions about how a case proceeds. The Crown in is responsible for proving that the accused person is guilty of the charges beyond a reasonable doubt. The Defence Counsel – These are lawyers (either in private practice or in practice in association with the Legal Aid Commission) who represent people charges with criminal offences. They give advice about what the accused person should do, represents the accused's interests in court, ensures that the accused's rights are protected and studies the evidence that the Crown has to make sure it is correct. The Judge – The judge determines if the accused person is guilty or not, based on the evidence provided. He or she makes sure that the right court procedure is followed and ensures that the court room is a safe environment for witnesses to give evidence. The Clerk – There is always a clerk in court who assists with the proceedings. The clerk handles documents, paperwork and exhibits. They also swear in witnesses at trial. Security Staff – Uniformed security staff are present in court to ensure that everyone is safe and to ensure the Court's rules of behavior are followed. If an accused person is in custody (jail) while making his or her court appearance, the security staff guards this person while they are in court.
Attending Court First Appearance At your first court appearance, the Court will ask you if you want the charge read to you. You may say that you waive this if you are sure of the nature of the charge. The Court will ask you if you understand the charge. If you say that you do not, the Court will try to explain it. The Court will also ask you if you are ready to enter a plea, (ie: guilty or not guilty), or if you require an adjournment to seek advice from a lawyer or someone else. The court usually grants an adjournment at your first appearance if you ask for one. If you want a lawyer to assist you and you are able to contact one before your court appearance, this may help you to deal with your charges faster and possibly reduce the number of times that you have to come to court. If you have seen a lawyer or made an appointment with one before your court appearance, please bring with you any letters or information that your lawyer or his/her office has provided to you. Legal Assistance You may wish to have a lawyer assist you with your charges. In many cases, especially with more serious offences, this is a good idea. You should always consider talking to a lawyer before you enter a plea. You can find a private lawyer by calling the Lawyer Referral Service at 359-1767 (in Regina) or 1-800-667-9886. This service is provided by the Law Society of Saskatchewan. It cannot provide legal advice, but will refer you a lawyer. You may also consult a phone book for lawyers listed there. If you want a lawyer to assist you and cannot afford one, you may apply for Legal Aid. You can contact the Saskatchewan Legal Aid Commission by calling 1-800-667-3764 and they will refer you to the right office. You can also find your nearest Legal Aid office at www.legalaid.sk.ca. Your eligibility for Legal Aid is determined according to your financial status and type of charge. If you qualify, a lawyer will be assigned to your case. Arrest and Bail If you have been arrested on a charge and not released by a police officer or Justice of the Peace, you will be detained in custody and appear in Provincial Court as soon as is practicable. In that case, you have a right to a Bail Hearing if the Crown prosecutor does not agree to your release. You will probably want to have a lawyer assist you. In Regina, Saskatoon and many other court locations, Legal Aid provides Duty Counsel to anyone, regardless of your financial status, for the purpose of a Bail Hearing. When granting bail, the court considers two things. First, it considers the likelihood that you will fail to appear in court for your next appearance. Second, it considers whether you will commit further offences if released. In some cases, bail may be denied if the judge thinks it is necessary to maintain confidence in the administration of justice. At the Bail Hearing, the Crown will make submissions about your alleged involvement in the offence and any record of past convictions that you may have. You or your lawyer will tell the Court about your personal circumstances (residence, family, employment) and any other factors that might assist the court. If you are released, your matter will be adjourned to another date when you will make your plea or elect the court you want to be tried in, as the case may be. If you are not released, you will be held on remand until your next court appearance. Early preliminary inquiry dates and trial dates are available for persons in custody. Choice of Court On most indictable matters, you have a right to be tried in the Court of your choice which can be either:
If you choose Provincial Court, the plea of guilty or not guilty is recorded. On a guilty plea, you will be sentenced. The Court will hear the facts from the Crown, and then hear representations from you or your lawyer. You will then be sentenced unless the Court, the Crown, or you wish to have a Pre-Sentence Report ordered. If this is requested, there will be a delay of approximately six weeks before sentence is passed. Pleading Not Guilty If you choose to plead not guilty, the Court will set a date for your trial. The Court will ask the Crown to provide all information on the matter to you. This is called "Disclosure". You have the right to speak to a Crown prosecutor about your matter. If you have a lawyer he or she will be in contact with the Crown instead of you. Choosing Court of Queen's Bench If you choose to be tried at the Court of Queen's Bench level, you may have a preliminary inquiry in Provincial Court. At this Inquiry, the Crown will present its evidence with witnesses who will give testimony about the event. You will have an opportunity to cross examine each witness. This is a chance to ask questions to test the credibility and reliability of the witness. At the end of the Inquiry, the Court will determine if there is enough evidence to send it to trial to the Court of Queen's Bench. If there is not sufficient evidence, you may be discharged, which means that the matter will be ended. Preparing for Trial In the event that you have elected to proceed directly to trial in Provincial Court, you or your lawyer will be given "Disclosure", that is, written documents containing the details of the prosecution's evidence against you on the charge(s). You may wish to call witnesses to testify on your behalf. If you do, you must ensure that they come to Court on the trial date. You may ask them to come to court or the Crown prosecutor's office may assist you in gettin subpoenas issued and served on the witnesses. It is the Crown's duty to prove you are guilty of the charges beyond a reasonable doubt. As an accused, it is not your responsibility to prove that you are innocent of the charges. As a result, you are not obligated to present any evidence or call any witnesses at your trial. However, you may decide that it is in your best interests to provide evidence to the court, especially if it appears that the Crown has a strong case against you. It is the Court's responsibility to ensure that you have a fair trial and that all of your rights are protected. Sentence If you plead guilty or are found guilty by the court following a trial, you will be sentenced. In determining your sentence, the Court will consider all relevant factors, both positive and negative. This includes:
A Pre-Sentence Report may be prepared for the information of the Court. This is a report completed by a Probation Officer after interviewing you and any victims of the offences(s) and generally contains relevant personal information about you. The Report will make recommendations to the Court for sentencing, particularly if Probation Services or another agency offers specific programming that would assist you. These recommendations may or may not be followed by the Court. The possible sentences the Court could pass include:
When sentence is passed, a surcharge is levied which is intended to assist victims of crime. If you can't afford to pay this, you must ask the Court not to impose it. In any case, you have the right to appeal within thirty days of the passing of a sentence.
This information is for general educational purposes and is not meant to be used as advice in respect to the conduct of any particular case or proceeding against a person. Please contact a lawyer for specific information. |
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